Gay Judge's Decision To Nix Prop 8 Stands

Law360, New York (June 14, 2011, 7:45 PM EDT) -- A California federal judge ruled Tuesday that retired U.S. District Judge Vaughn Walker, who presided over the bench trial that found California's gay marriage ban unconstitutional, did not need to recuse himself from the case because he is involved in a same-sex relationship.

U.S. District Judge James Ware denied a motion to vacate Judge Walker's judgment that determined Proposition 8 was unconstitutional, saying that the judge's interest in the case was "too attenuated to warrant recusal."

Judge Ware also said that granting the motion would create...
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Case Information

Case Title

Perry et al v. Schwarzenegger et al

Case Number



California Northern

Nature of Suit

Civil Rights: Other


James Ware

Date Filed

May 22, 2009

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